Want the short version first? Search for conflicting marks, file with the United States Patent and Trademark Office, answer whatever objections an examining attorney raises, then wait out a public opposition period. That’s the whole arc. In practice it takes anywhere from ten months to well over a year, and how clean your application is at the start makes a real difference to which end of that range you land on.
Here’s why it’s worth doing properly. A federal trademark gives you nationwide rights to a name for the goods or services you register it under, and it’s the tool you’ll actually use if a competitor starts operating under something confusingly close. It covers a name, a logo, a slogan, anything customers rely on to recognize your brand, but not a generic description of your product or a name that just describes what the thing does. So before anything else, know what’s already out there. Skipping that step is probably the most common and most expensive mistake first-time applicants make.
Step 1: Search for Existing Trademarks
Start with the USPTO’s own database. It’s called Trademark Search, and it replaced the older TESS system in 2025. Don’t just type in your exact name and call it done. Names that sound alike, or ones built on a synonym used in your industry, cause more rejections than identical copies do. If the budget allows for it, a trademark attorney can go further, pulling in state registrations and common law use that the free tool won’t surface on its own.
Step 2: Decide Your Filing Basis
You have to tell the USPTO why you have a right to the mark in the first place. There are two routes most people take:
- Use in commerce (Section 1a): you’re already selling under the name, across state lines or internationally.
- Intent to use (Section 1b): nothing’s launched yet, but you genuinely plan to use the name soon.
Go the intent-to-use route and you’ll eventually file a Statement of Use once the name is actually live in commerce. It costs an extra fee and adds a step later, but the upside is you can claim an earlier filing date while you’re still getting the business off the ground.
Step 3: Pick the Right Classes of Goods or Services
A trademark doesn’t sit in the abstract. It’s tied to specific classes, covering things like clothing, software, food, or consulting work, and the USPTO recognizes 45 of them. Each class you add is a separate fee. Sticking to descriptions already in the USPTO’s Trademark ID Manual keeps costs down, since anything custom now carries a surcharge. Try to describe what you actually do without boxing yourself out of where the business might grow next.
Step 4: File Your Application Through the USPTO
Filing happens through the Trademark Center, the online system that replaced TEAS back in January 2025, along with the old TEAS Plus and TEAS Standard pricing. The base fee now sits at $350 per class. There are a few ways that number can climb, though: $100 if the application is incomplete, $200 per class for a custom description instead of one from the Trademark ID Manual, and another $200 per class for every extra 1,000 characters past the first thousand. File complete, stick to standard language, and you sidestep all of that.
Step 5: Respond to Any Office Actions
Once it’s in, an examining attorney gets assigned to your file. If something’s off, maybe a conflict with an existing mark, a description that’s too loose, or a technical slip, you’ll get an office action laying out the issue. You get three months to answer, with a short extension available for a fee. Miss the deadline and the application goes abandoned, no exceptions. Some of these are a quick fix, a paragraph of argument or a tweak to the wording. Others send you back to the drawing board on strategy.
Step 6: Publication and Registration
Clear examination and your mark gets published in the Official Gazette for 30 days. That’s the window where any other trademark owner can step in and oppose it. Most marks sail through untouched. If nobody objects and you’ve already shown use in commerce, the certificate gets issued. Filed under intent to use instead? You’ll file your Statement of Use once publication has passed, and the certificate follows after that.
Use in Commerce vs. Intent to Use: A Quick Comparison
| Feature | Use in Commerce (1a) | Intent to Use (1b) |
|---|---|---|
| Requirement to file | Already selling under the name | Genuine plan to use the name soon |
| Extra filing later | Not needed | Statement of Use required |
| Additional cost | None | Statement of Use filing fee applies |
| Best for | Businesses already operating | Businesses still preparing to launch |
How Much Does It Cost to Trademark a Name?
Budget at least $350 per class, plus whatever surcharges apply if the filing is incomplete or uses custom wording. Add a Statement of Use fee on top if you went the intent-to-use route, and attorney fees if you’re not doing this solo. Most small business owners end up spending somewhere between $350 and $2,000 in total, mostly depending on how many classes they need and whether a lawyer’s involved.
How Long Does the Process Take?
The USPTO’s own numbers put first examining actions at roughly four to five months right now, with total time to registration or abandonment landing around ten to twelve months for a straightforward case. Draw an office action or an opposition, though, and eighteen months isn’t unusual.
None of this is legal advice, just a general walkthrough of how the process works. Trademark law gets specific fast once your actual name, industry, and business plans enter the picture, so if things look complicated, talk to an attorney before you file.
Frequently Asked Questions
Can I trademark a name without a lawyer?
You can. The USPTO doesn’t require one. That said, plenty of applicants bring an attorney in anyway, especially once the search turns up something similar or an office action lands.
Do I need a registered business to trademark a name?
No. Individuals, sole proprietors, and any type of business entity can all file, as long as the use or intent-to-use requirements are met.
What’s the difference between a trademark and a business name registration?
A state-level business name registration, a DBA or an LLC filing, only covers your right to operate under that name within that state. A federal trademark is bigger: it protects your exclusive right to the name nationwide, for whatever goods or services you registered it under.
Can I use the ™ symbol before my trademark is registered?
Yes, and plenty of businesses do this from day one. The ™ symbol is fair game as soon as you’re claiming rights to a name, even mid-application. The ® symbol is different: that one waits until the USPTO has actually issued the registration.
What happens if someone opposes my trademark application?
The case moves to the Trademark Trial and Appeal Board, where both sides lay out evidence and arguments. It functions a lot like a scaled-down court proceeding, and it can drag on for months, so legal help tends to matter more here than at earlier stages.